United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The War Pensions Committees Regulations 1990 No. 1349
URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_19901349_en.html
|
|
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The War Pensions Committees Regulations 1990 No. 1349 URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_19901349_en.html |
||
[New search] [Help]
Statutory Instruments
PENSIONS
Made
3rd July 1990
Laid before Parliament
11th July 1990
Coming into force
1st January 1991
The Secretary of State for Social Security in exercise of powers conferred by section 166(2) and (3) of the Social Security Act 1975(1) and sections 25(1), (2) and (3), 29(1), and 30(1) of the Social Security Act 1989(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1.-(1) These Regulations may be cited as the War Pensions Committees Regulations 1990 and shall come into force on 1st January 1991.
(2) In these Regulations-
"area" in respect of each Committee means the counties, boroughs or other area specified in column 2 of Schedule 1 to these Regulations opposite the name of the Committee;
"Chief Welfare Officer" means an officer of the Secretary of State who manages the War Pensioners Welfare Service;
"Committee" means a War Pensions Committee established in accordance with regulation 2 and where the context requires means the appropriate War Pensions Committee;
"sub-committee" means a sub-committee of a Committee;
"war disablement pensioner" means a person in receipt of a war pension in respect of his disablement;
"war widow" means a widow who receives a war pension in respect of the death of her husband.
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.
2. The areas specified in column 2 of Schedule 1 to these Regulations shall each have a War Pensions Committee named in accordance with the corresponding entry in column 1 of Schedule 1.
3.-(1) Each Committee other than the Northern Ireland War Pensions Committee shall consist of 30 members appointed by the Secretary of State.
(2) Before appointing the members of such a Committee the Secretary of State shall consult such bodies or organizations in the area which represent any of the interests referred to in paragraph (3)(a), (b) and (c) as he thinks fit.
(3) So far as reasonably practicable, the members appointed shall include-
(a)twelve members representative of war disablement pensioners,
(b)three members representative of war widows,
(c)five members representative of voluntary organizations engaged wholly or partly in the care of ex-servicemen or ex-servicewomen or the families of ex-servicemen or ex-servicewomen in the Committee's area,
(d)four members representative of local authorities, in accordance with the entries in column 3 of Schedule 1 to these Regulations opposite the name of the Committee.
4.-(1) The Northern Ireland War Pensions Committee shall consist of 18 members appointed by the Secretary of State.
(2) Before appointing the members of the Northern Ireland Committee the Secretary of State shall consult such bodies or organizations in the area which represent any of the interests referred to in paragraph (3) as he thinks fit.
(3) So far as reasonably practicable, the members appointed shall include-
(a)seven members representative of war disablement pensioners,
(b)two members representative of war widows,
(c)three members representative of voluntary organizations engaged wholly or partly in the care of ex-servicemen or ex-servicewomen or the families of ex-servicemen or ex-servicewomen in Northern Ireland, and
(d)two members representative of district councils in Northern Ireland.
5. The provisions of Schedule 2 to these Regulations shall have effect with respect to the Committees.
6. A Committee-
(a)shall consider complaints made to them by persons in their area receiving or claiming war pensions and, if they think fit, make representations about those complaints to the Secretary of State;
(b)shall consider any matters referred to them by the Secretary of State and report to him on those matters with such recommendations as they may think fit;
(c)shall assist the War Pensioners' Welfare Service in looking after the welfare of war pensioners in their area;
(d)may consider any matter connected with war pensions or affecting war pensioners in their area and, where they think it appropriate, make recommendations to the Secretary of State about that matter;
(e)may consider reports by the Secretary of State about the work of the War Pensioners' Welfare Service in their area.
7. Any recommendations or representations which a Committee makes to the Secretary of State shall be by way of a resolution submitted to the Chief Welfare Officer.
8. A Committee may request the Secretary of State to supply them with reports relevant to any matter which the Committee is considering. The Committee shall make any such request through the Chief Welfare Officer.
9. A Committee may, after consulting the Chief Welfare Officer, appoint voluntary workers to assist them or a sub-committee to carry out their functions in relation to complaints by persons receiving or claiming war pension and to assisting the War Pensioners' Welfare Service.
10.-(1) A Committee or sub-committee in receipt of funds from charitable or other sources for the purpose of assisting the War Pensioners' Welfare Service shall safeguard those funds and keep proper written accounts of all receipts and disbursements.
(2) The accounts shall be open to inspection by the Secretary of State.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd July 1990
Regulation 2
| Column 1 Name of War Pensions Committee | Column 2 Area for which War Pensions Committee established | Column 3 Local authority representatives |
|---|---|---|
1. Avon, Dorset, Gloucestershire and Wiltshire War Pensions Committee | The Counties of Avon, Dorset, Gloucestershire and Wiltshire | 1 representative each of Avon County Council, Dorset County Council, Wiltshire County Council and Gloucestershire County Council |
2. Bedfordshire, Buckinghamshire, Hertfordshire and Oxfordshire War Pensions Committee | The Counties of Bedfordshire, Buckinghamshire, Hertfordshire and Oxfordshire | 1 representative each of Buckinghamshire County Council, Hertfordshire County Council, Oxfordshire County Council and Bedfordshire County Council |
3. Cambridgeshire, Norfolk and Suffolk War Pensions Committee | The Counties of Cambridgeshire, Norfolk and Suffolk | 1 representative each of Cambridgeshire County Council and Suffolk County Council, 2 representatives of Norfolk County Council |
4. Central Scotland War Pensions Committee | The Districts of Argyle and Bute, Dumbarton, City of Glasgow, Clydebank, Bearsden and Milngavie, Strathkelvin, Cumbernauld and Kilsyth, Eastwood, Renfrew and Inverclyde in the Strathclyde Region, and the Central and Tayside Regions | 2 representatives of Strathclyde Regional Council, 1 representative each of Central Regional Council and Tayside Regional Council |
5. Clwyd, Dyfed, Gwynedd and Powys War Pensions Committee | The Counties of Clwyd, Dyfed, Gwynedd and Powys | 1 representative each of Clwyd County Council, Dyfed County Council, Gwynedd County Council and Powys County Council |
6. Cornwall, Devon, Isles of Scilly and Somerset War Pensions Committee | The Counties of Cornwall, Devon and Somerset and the Isles of Scilly | 1 representative each of Cornwall County Council and Somerset County Council, 2 representatives of Devon County Council |
7. Derbyshire, Leicestershire and Staffordshire War Pensions Committee | The Counties of Leicestershire, Staffordshire and Derbyshire excepting the borough of High Peak other than the Parishes of Aston, Bamford, Brough and Shatton, Castleton, Derwent, Edale, Hope, Hope Woodlands and Thornhill | 1 representative each of Leicestershire County Council and Derbyshire County Council, 2 representatives of Staffordshire County Council |
8. East and West Sussex War Pensions Committee | The Counties of East and West Sussex | 2 representatives each of West Sussex County Council and East Sussex County Council |
9. Essex, Barking, Havering, Newham and Redbridge War Pensions Committee | The County of Essex, the London Boroughs of Barking and Dagenham, Havering, Newham and Redbridge | 2 representatives of Essex County Council, 1 representative each of Havering London Borough Council and Redbridge London Borough Council |
10. Glamorgan and Gwent War Pensions Committee | The Counties of Mid-Glamorgan, South Glamorgan, West Glamorgan and Gwent | 1 representative each of Mid-Glamorgan County Council, South Glamorgan County Council, West Glamorgan County Council and Gwent County Council |
11. Hampshire, Surrey and Berkshire War Pensions Committee | The Counties of Hampshire, Surrey, Berkshire and Isle of Wight | 1 representative each of Hampshire County Council, Surrey County Council, Berkshire County Council and Isle of Wight County Council |
12. Kent War Pensions Committee | The County of Kent | 4 representatives of Kent County Council |
13. Lincolnshire and Nottinghamshire War Pensions Committee | The Counties of Lincolnshire and Nottinghamshire | 2 representatives each of Lincolnshire County Council and Nottinghamshire County Council |
14. London North War Pensions Committee | The London Boroughs of Barnet, Brent, Camden, Ealing, Enfield, Hackney, Haringey, Harrow, Hillingdon, Islington, Tower Hamlets and Waltham Forest | 1 representative each of Barnet London Borough Council, Ealing London Borough Council, Enfield London Borough Council and Brent London Borough Council |
15. London South War Pensions Committee | The London Boroughs of Bexley, Bromley, Croydon, Greenwich, Hammersmith and Fulham, Hounslow, Lambeth, Lewisham, Merton, Richmond upon Thames, Southwark, Sutton and Wandsworth, the Royal Borough of Kensington and Chelsea, the Cities of London and Westminster, and the Royal Borough of Kingston upon Thames | 1 representative each of Croydon London Borough Council, Bromley London Borough Council, Wandsworth London Borough Council and Lambeth London Borough Council |
16. North of Scotland War Pensions Committee | The Highland Region, the Islands areas of Orkney, Shetland and the Western Isles and the Grampian Region | 1 representative each of Highland Regional Council, Grampian Regional Council, Western Isles Islands Council and Shetland Islands Council |
17. North West (Central) War Pensions Committee | The County of Lancashire excluding the City of Lancaster District. Bolton and Wigan Metropolitan Districts of Greater Manchester and the Knowsley, Sefton and St Helens Metropolitan Districts of Merseyside. | 1 representative each of Lancashire County Council, Wigan Borough Council, Sefton Borough Council and Bolton Borough Council |
18. North West (East) War Pensions Committee | Greater Manchester excluding Bolton and Wigan Metropolitan Districts. The Borough of Macclesfield and the Borough of High Peak excepting the Parishes set forth in the area specified in paragraph 7 of this Schedule. | 1 representative each of Manchester City Council, Salford City Council, Stockport Borough Council and Oldham Borough Council |
19. North West (South) War Pensions Committee | The Liverpool City and Wirral Metropolitan Districts of Merseyside, the County of Cheshire excepting the Borough of Macclesfield | 1 representative each of Liverpool City Council and Wirral Borough Council, 2 representatives of Cheshire County Council |
20. North West (North) War Pensions Committee | The County of Cumbria and the City of Lancaster District | 2 representatives each of Cumbria County Council and Lancashire County Council |
21. North Yorkshire and Cleveland War Pensions Committee | The Counties of North Yorkshire and Cleveland | 2 representatives each of North Yorkshire County Council and Cleveland County Council |
22. Northumbria War Pensions Committee | The Gateshead, North Tyneside, South Tyneside, Sunderland and the City of Newcastle upon Tyne Metropolitan Districts of Tyne and Wear and the Counties of Durham and Northumberland | 1 representative each of Durham County Council, Northumberland County Council, Sunderland Borough Council and Newcastle upon Tyne City Council |
23. South East Scotland War Pensions Committee | The Borders, Lothian and Fife Regions | 1 representative each of Borders Regional Council and Fife Regional Council, 2 representatives of Lothian Regional Council |
24. South West Scotland War Pensions Committee | The Districts of Monklands, Motherwell, Hamilton, East Kilbride, Clydesdale, Cunninghame, Kilmarnock and Loudon, Kyle and Carrick, Cumnock and Doon Valley in the Strathclyde Region and the Dumfries and Galloway Region | 2 representatives each of Strathclyde Regional Council and Dumfries and Galloway Regional Council |
25. South Yorkshire and Humberside War Pensions Committee | The Barnsley, Doncaster, Rotherham and City of Sheffield Metropolitan Districts of South Yorkshire and the County of Humberside | 1 representative each of Humberside County Council, Sheffield City Council, Doncaster Borough Council and Rotherham Borough Council |
26. West Midlands and Northants War Pensions Committee | The Solihull and Cities of Birmingham and Coventry Metropolitan Districts of the West Midlands, the Counties of Warwickshire and Northamptonshire | 1 representative each of Birmingham City Council, Coventry City Council, Warwickshire County Council and Northamptonshire County Council |
27. West and South West Midlands War Pensions Committee | The Dudley, Sandwell, Walsall and Wolverhampton Metropolitan Districts of the West Midlands, the Counties of Hereford and Worcester and Shropshire | 1 representative each of Dudley Borough Council, Sandwell Borough Council, Hereford and Worcester County Council and Shropshire County Council |
28. West Yorkshire War Pensions Committee | The Calderdale, Kirklees and Cities of Bradford, Leeds and Wakefield Metropolitan Districts of West Yorkshire | 1 representative each of Kirklees Borough Council, Bradford City Council, Leeds City Council and Wakefield City Council |
29. Northern Ireland War Pensions Committee | Northern Ireland | - |
Regulation 5
1. A member of a Committee shall hold office for a period not exceeding 5 years in any 1 term of appointment and may be re-appointed.
2. The Secretary of State may remove a member from office if he is satisfied that the member-
(a)is habitually absent from meetings of the Committee or has been absent from 3 or more consecutive meetings, unless the absence is due to illness or due to a reason approved by the Secretary of State,
(b)has become bankrupt or made an arrangement with his creditors,
(c)is convicted of a crime and is sentenced to imprisonment or receives a suspended sentence, or
(d)is otherwise unable or unfit to discharge the functions of a member.
3. A casual vacancy may be filled by the Secretary of State as may be necessary.
4. A member may resign from a Committee by notice in writing sent to the Secretary of State.
5.-(1) Subject to sub-paragraph (4) below each Committee shall appoint from among their members a Chairman and a Vice-Chairman.
(2) The appointment shall be by resolution specifying the period of appointment, which shall not extend beyond the appointee's term of appointment to the Committee.
(3) Where the office of Chairman or Vice-Chairman falls vacant, the Committee shall appoint a replacement at its next meeting.
(4) The Secretary of State shall appoint a Chairman and a Vice-Chairman for each Committee to hold office for a period of one year commencing on 1st January 1991.
6. The Chairman, or in his absence, the Vice-Chairman shall preside over Committee meetings. At a meeting where both are absent the members present shall elect one of their number to act as Chairman for that meeting.
7.-(1) Subject to sub-paragraph (2) below and paragraph 8 the Committee shall decide the time and place of their meetings.
(2) The Secretary of State shall decide the time and place of the first meeting after appointing or re-appointing the members of a Committee, apart from an appointment to fill a casual vacancy.
8. Six members of a Committee may requisition a meeting by giving notice in writing to the Chairman who shall call the meeting within 4 weeks of receiving the notice.
9. The quorum of a Committee shall be one quarter of its members, disregarding any fractions.
10. A Committee shall make decisions by a simple majority of members present and voting. In the event of equality of votes, the person presiding over the meeting shall have a casting vote.
11. A member shall neither discuss nor vote on any matter concerning his relative, employer or employee.
12.-(1) Subject to sub-paragraph (2) below a Committee shall determine whether persons other than members may attend any meeting of the Committee or a sub-committee.
(2) The Chief Welfare Officer or his deputy may attend any meeting of a Committee or a sub-committee.
13. Minutes of a meeting shall-
(a)be recorded in a Minute Book,
(b)include the names of members present at the meeting,
(c)be signed by the person presiding over the meeting at which they are approved as correct, and
(d)be open to inspection by the Secretary of State.
14. A Committee may appoint up to four fifths of their members to a sub-committee to assist the Committee in carrying out any of their functions under regulation 6(b), (c) and (d).
15.-(1) With the Secretary of State's approval, a Committee may appoint one or more sub-committees to assist the Committee in carrying out their functions under regulation 6(a).
(2) A Committee shall appoint as Chairman of such a sub-committee a member of the Committee who is also a member of the sub-committee.
(3) Such a sub-committee shall-
(a)consist of at least 3 and not more than 7 members, of whom at least half are members of the Committee, and any remainder are voluntary workers,
(b)make decisions by a simple majority of the members of the sub-committee present and voting: in the event of equality of votes the Chairman of the sub-committee shall have a casting vote,
(c)act in accordance with any directions of the Committee.
16. A sub-committee which consider a complaint made to the Committee by a person receiving or claiming war pension shall, as soon as reasonably practicable, submit to the Committee a report about any hearing they had of the complaint and any representations they made to the Secretary of State.
(This note is not part of the Regulations)
These Regulations make provision for War Pensions Committees.
Regulation 2 and Schedule 1 set out the areas to which each War Pensions Committee relates.
Regulation 3 provides for the membership of Committees except the Northern Ireland Committee; Regulation 4 provides for the membership of the Northern Ireland Committee.
Regulation 5 and Schedule 2 provide for the constitution, proceedings etc. of Committees. The Committees' functions are set out in regulation 6. Regulations 7 and 8 deal with recommendations by and reports to the Committees.
Regulation 9 provides for voluntary workers to assist the Committees and sub-committees.
Regulation 10 provides for accounts to be kept in respect of funds from charitable and other sources.
The War Pensions Committees for which these Regulations provide, replace the War Pensions Committees which were in existence immediately before 1st January 1991. The War Pensions Committees (General) Regulations 1923 (S.R. & O. 1923/67) and the War Pensions Committees (Revocation and Reconstitution) Order 1985 (S.I. 1985/1544) which relate to the earlier War Pensions Committees, cease to have effect on 1st January 1991 by virtue of the repeal of sections 1 and 2 of the War Pensions Act 1921 (c. 49) effected by section 25(6) of the Social Security Act. 1989.
1975 c. 14; section 166(2) and (3) of the Social Security Act 1975 is applied to section 25 of the Social Security Act 1989 by section 29(1) of that Act.
1989 c. 24; section 30(1) is cited because of the meaning it ascribes to the word "regulations". Section 25 is extended to Northern Ireland by section 33(6).